French
The Court is asked to review the constitutionality of articles L. 120-1, L.581-9, L.581-14-2 et L.581-18 of the Environmental Code. Article L.120-1 defined conditions and limits of the application of the public participation principle for State and public entities’ regulatory decisions. According to article L.581-9, authorization for advertising canvas places can be granted case by case by a municipal order, after advice of the departmental commission for nature, landscape, sites, advertising structures linked with temporary manifestations.
The claimants argued that there were a violation of the right to an healthy environment and the obligation to prevent harm to the environment (articles 1 and 3 of the Charter for the Environment), the principle of public participation (article 7 of the Charter for the Environment), the freedom of enterprise, the freedom of expression.
The Conseil constitutional rejected most of the arguments. However, it stated that article L.120-1 provided the application of the principle of public participation only for State and public entities’ regulatory decisions. The legislator did not set any provisions for non regulatory decisions that may have an impact on the environment. Therefore, it ruled that article L.120-1 of the Environmental Code is unconstitutional.